Terms of Use

Last updated July 2017

Welcome to MICA's website (www.mica-insurance.com) (the "Website"). YOU MAY ACCESS AND USE THE WEBSITE AND ANY ONLINE SERVICES PROVIDED TO YOU BY MICA IN CONJUNCTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTINUING MEDICAL EDUCATION AND POLICYHOLDER INFORMATION (THE "SERVICES") ONLY IF YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT (THE "TERMS OF USE").

The Terms of Use have been prepared as a legally binding license agreement that expressly conditions your use of the Website. The Terms of Use protect our rights in order to provide you with access to the Website and Services. YOUR USE OF THE WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS OF USE. If you do not want to be bound by all of the Terms of Use, please exit the Website immediately and discontinue all use of the Website. If you remain on the Website or return at any point in the future, you agree to be bound by the Terms of Use.

MODIFICATIONS

MICA may at any time, and without notice, modify, update, or otherwise change the Terms of Use, and you agree to be bound by such changes. Accordingly, we encourage you to visit the MICA Website from time to time to review the current Terms of Use. The date of the current version is listed at the top of this page.

While MICA reserves the right to modify the Terms of Use at any time, the terms and conditions contained in the Terms of Use may not be modified by you unless both you and an authorized representative of MICA execute a separate written agreement.

NO LEGAL OR MEDICAL ADVICE

The information contained on the Website, and any products, publications, and mailers otherwise provided to you, are provided as risk management information only. Any such information is supplied to you with the understanding that MICA is not involved in rendering legal or medical advice or in setting or establishing the standard of care. If legal and/or medical advice is sought, the services of a qualified professional should be obtained. MICA is licensed in Arizona, Colorado, Nevada, and Utah and the information provided on the Website is provided in accordance with those licenses.

POLICY AND SERVICE INFORMATION ON THE WEBSITE

MICA makes a reasonable effort to provide up-to-date information on the Website regarding the Services we offer. In order to ensure that you have the latest and most accurate information about any policy or Service that you are considering purchasing, however, you should always confirm the current terms and conditions with MICA.

The information on the Website is not professional advice on which you should rely. A particular product or Service shown on the Website may not necessarily be suited for you - that is for you to decide. If you are in doubt, you should seek appropriate independent advice.

If you are eligible and decide to purchase an insurance policy through the Website, by doing so, you confirm that all answers given by you in your policy application are true and correct, that you have read and understood the policy terms and conditions, and that you are satisfied that the policy meets your needs. MICA cannot, and does not guarantee that you will be issued a policy if you apply for one.

If a contract of insurance is issued, the information you provide, along with the policy terms and conditions, will form the basis for your contract of insurance. Failure to provide complete and accurate information may result in any issued insurance policy being voided or rescinded.

INTELLECTUAL PROPERTY

Any and all intellectual property rights associated with the MICA Website are the sole property of MICA, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without MICA's prior written permission. Except as provided herein, MICA does not grant to you any express or implied rights to MICA's intellectual property.

MICA Trademark

MUTUAL INSURANCE COMPANY OF ARIZONA®, MICA®, and the MICA Logo shown above are trademarks of MICA. You may not use these or other trademarks of MICA in any manner without prior written permission from MICA. All trademarks not owned by MICA that appear on the MICA Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MICA.

ACCEPTABLE USE

In consideration for your use of the Website and/or Services, you agree to provide true, current, accurate, and complete information about yourself as requested during any registration processes, and to update such information as may be necessary to keep it true, current, accurate, and complete.

You agree that you will use the Services and Website in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any content that you upload, download, transmit, or otherwise process using the Services or the MICA Website.

If you submit any information to MICA (other than personal information, as defined in our Privacy Policy), including any comments, remarks, suggestions, ideas, notes, concepts, or other information, you are giving that information, and all of your rights in it, to MICA free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by MICA for any purpose without your consent or any compensation to you or to anyone else. This is true regardless of the manner in which you submit such information.

You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or that might in any other way violate any law, regulation, or rule. You agree that any material you submit does not violate the intellectual property rights of any third party. You are solely responsible for any material you submit to the Website. You further agree not to upload, e-mail, post or transmit to, or distribute or otherwise publish through the Website, any material that disrupts the normal operation of the Website, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Website.

TERMINATION

You agree that MICA, in its sole discretion, may terminate your use of the Services and access to all or a portion of the Website and/or Services if MICA believes that you have violated the Terms of Use. You agree that any termination of your access to the Website or Services may be effected without prior notice, and you acknowledge and agree that MICA may immediately deactivate or delete your account and all related information, content, or other files in your account and/or prevent any further access to such files or the Services. Furthermore, you agree that MICA shall not be liable to you or to any third party as a result of MICA's termination of your access to the Website or Services.

NO LIABILITY

MICA assumes no responsibility for content downloaded, uploaded, stored, or otherwise processed by the MICA Website or Services. Accordingly, if you choose to use the Website and/or Services, you do so at your own risk. For example, you acknowledge that you are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the internet, including the Website and Services.

IN NO EVENT SHALL MICA BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS DISRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF MICA WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

NO WARRANTY

MICA offers and makes no warranties or representations regarding any benefits or opportunities available through the Website.

ALL MATERIAL AND SERVICES COVERED UNDER THESE TERMS OF USE ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. NEITHER MICA, NOR ITS AFFILIATES WARRANT THAT YOUR USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.

INDEMNITY

You agree to indemnify and hold MICA and its vendors, Services providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or Services.

MODIFICATIONS TO SERVICES

MICA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. MICA may also change your priority access to the Services with respect to other users. MICA may modify or update the Services at any time without notice.

PRIVACY POLICY

MICA respects the privacy of its users. For detailed information regarding MICA's use of registration data and other user information, please read our Privacy Policy. MICA reserves the right to disclose information regarding its users, if required to do so by law or based upon a good faith belief that such disclosure is reasonably necessary to comply with legal requirements or to protect the rights, property, or personal safety of MICA, its users, or the public. If you remain on the Website or return at any point in the future, you agree to be bound by the Privacy Policy.

SECURITY

Some parts of the Website are restricted and require a password or authorization for access. Unauthorized use of or access to these areas is prohibited. MICA may monitor or record attempts to access such areas without authorization, and we may provide any information obtained as required by or to enforce the law. Do not access these restricted areas if you are not authorized to do so.

We may require that you establish a password to obtain access to restricted areas. You are responsible to maintain the secrecy of your password. You should not share your password with anyone. You should change your password regularly (at least every three months), and you should immediately change your password, if you believe it has been compromised. Additionally, please contact MICA as soon as possible, if you believe your password or account has been compromised. MICA is not responsible for unauthorized access to your account, if you do not take appropriate measures to secure your password (including by changing it regularly) and if you do not notify MICA immediately, if you believe your password or account has been compromised.

CHOICE OF LAW

The Terms of Use shall be subject to and construed in accordance with the laws of the State of Arizona, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Arizona.

SEVERABILITY

If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or the remaining provisions of the Terms of Use.

NO WAIVER

MICA's failure to enforce any right against you shall not constitute a waiver thereof.

ENTIRE AGREEMENT WAIVER

These Terms of Use incorporate by reference the Privacy Policy posted on the Website. This shall constitute the complete and exclusive agreement between you and MICA unless otherwise indicated in writing and signed by both parties.

© 2017 MICA All rights reserved.